CLASSIFICATION as to CAUSE of ACTIONREAL ACTIONPERSONAL ACTIONMIXED

An action where the issue involved is TITLE, OWNERSHIP, INTEREST over a real propertyAll other actionsMixture of real and personal.

CLASSIFICATION as to the PLACE of FILING

LOCAL ACTIONTRANSITORY ACTION

An action w/c can only be instituted in a particular placeFollows the residence of the parties.

Real actions are automatically local actions. They can only be filed where the land is situated.Personal actions are transitory. They are filed where the plaintiff/s or defendant/s resides at the option of the plaintiff.

CLASSIFICATION as to OBJECT/ RES

In PERSONAMIn REMQUASI in REM

Issue is generally a claim against a person, with a judgment which binds the parties and their successors in interestThe object of the suit is to bind the world as to the rights to be established. Against the person in respect to the res

Directed against specific persons and seek personal judgmentsDirected against the thing or property or status of a person and seek judgments with respect thereto against the whole world.Directed only against a particular individual but the purpose of the proceeding is to subject his property to the obligation of lien burdening it.

Boc, damagesLand reg, probateEx. foreclosure of mortgage, ejectment

GENERAL AVERMENTSPECIFIC/ PARTICULAR

1. Capacity to sue/be sued2. Conditions precedent3. Conditions of the mind4. Judgment5. Official document1. Fraud/mistake

30 DAY REGLAMENTARY PERIODSMOTION/PETITIONRECKONING POINT

Manifestation of Death of a PartyFact of death

Appearance of substituteNotice

Answer of Defendant with NO ph RepFrom receipt

15-DAY REGLAMENTARY PERIODSAnswer

Defendant is Foreign Private Juridical Entitya. w/ resident agentb. w/ officer in PH15 days from service of summons (different pd is fixed by the court)

from service of summonssame

Answer to an Amended Complaint as a matter of R

MTC Coc transmits records of the case to the RTCFrom time MTC gives due course to the appeal

10-DAYAmendment of Reply as a Matter of RightFrom service

Answer to an Amended Complaint not as a matter of RFrom notice of court order admitting the same

Answer to counterclaim or cross claimFrom service

ReplyFrom service of pleading responded to

Answer to a Supplemental complaint/pleadingFrom notice of order admitting the same

Rule on Summary ProcedureFrom service

Compliance with Order granting Motion for Bill of ParticularsFrom notice of order

Pre-trial Order issued by the courtFrom termination of pre-trial

Other REGLAMENTARY PERIODSMOTION

Motion to Lift Order of Default (verified)From receipt of order of default;Before judgment

Amendment of Complaint as a Matter of RightBefore a responsive pleading is served

Amendment of Answer as a Matter of RightBefore a reply is filed or its period for filing expires

Answer of a non-resident defendant on whom extraterritorial service of summons is madeAt least 60days

Answer in cases of service of summons by publicationAt least 60days

Counter/cross claims omitted thru inadvertence or when justice requires Before judgment with leave of court

Motion for Extension to FileWithin the period to file the pleading itself

Motion for Bill of ParticularsBefore responding to the pleading

Motion to DismissWithin the time for but before filing the answer (15days from service of summons) there is a grant of extension or amendment of complaint

Motion for Preliminary HearingBefore the plaintiff presents evidence

Notice of Dismissal by plaintiffAnytime before SERVICE of answer or of a motion for summary judgment

Motion for Pre-trialWithin 5 days after the last pleading joining the issue has been served and filed or the expiration of the period of its filing

Submission of Pre-trial BriefAt least 3 days before the pre-trial

Motion for Summary Judgment by CLAIMANTAfter service of answer

Motion for Summary Judgment by the DEFENDING PARTYAt anytime

M/NTBefore judgment becomes final & executory

M/RBefore judgment becomes final & executory

P/RJw/in 60days from knowledge of the judgment and w/in 6months from finality of judgment

M/E as a matter of rightUpon the expiration of the period to appeal and no appeal has been perfected

Execution by motionw/in 5 yrs from the date of entry

Execution by independent action of a dormant judgmentAfter 5yrs from date of entry up to 10yrs

Before Rendition of JudgmentMotion to intervene